CIVIL AVIATION ACT 1988
CIVIL AVIATION SAFETY REGULATIONS 1998
ISSUE OF AIRWORTHINESS DIRECTIVE
Under section 98 of the Civil Aviation Act 1988, the Governor-General may make regulations for the purposes of the Act and in the interests of the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, CASA may issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. Subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 provides that an AD is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. Therefore, in accordance with section 6 of the Legislative Instruments Act 2003, an AD is a legislative instrument.
Under Annex 8 to the Convention on International Civil Aviation, the State of Design has overall responsibility for continuing airworthiness of an aircraft type, and must provide any information necessary to ensure the continuing airworthiness of a type to appropriate States of Registry. ADs (and their equivalents) are the most common form of continuing airworthiness information, and are issued by most ICAO Contracting States.
The State of Registry of an individual aircraft is responsible for its continuing airworthiness. Under Annex 8, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft. When a State of Design issues an AD against a type of aircraft on the Australian Register, CASA, as Australia’s national airworthiness authority, must assess that information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
The European Aviation Safety Authority (EASA) has issued AD 2008-0093 affecting Airbus A330 model aircraft. EASA acts on behalf of France, the State of Design for this type. CASA has assessed this AD and has issued Australian AD/A330/86, Amendment 2, which will become effective on 31 July 2008. This AD cancels and replaces the previous issue.
As this AD is issued because of Australia’s obligations under Convention on International Civil Aviation, and because it is issued in response to an AD raised by the relevant State of Design, no consultation of the Australian public has taken place on this AD. The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted to establish a comprehensive regulatory framework for civil aviation in Australia, includes provisions for ensuring the safety of air navigation. The Act empowers the Governor-General to make regulations that safeguard the interests of aviation safety, as per section 98. One such regulation, detailed in the Civil Aviation Safety Regulations 1998, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for various types of aircraft and aeronautical products under regulation 39.001. These directives, which are considered legislative instruments, are crucial for maintaining the continuing airworthiness of aircraft types as stipulated under Annex 8 of the Convention on International Civil Aviation. The State of Design is responsible for the overall airworthiness of an aircraft type, while the State of Registry ensures the airworthiness of individual aircraft. Following the issuance of an AD by the State of Design, CASA must evaluate the directive and, if necessary, issue an Australian AD to enforce the required safety measures.
This legislative framework underscores Australia's commitment to international aviation safety standards, ensuring that Australian aviation authorities act in accordance with obligations under the Convention on International Civil Aviation. In the specific case of Airbus A330 model aircraft, CASA issued Australian AD/A330/86, Amendment 2, in response to AD 2008-0093 issued by the European Aviation Safety Authority on behalf of France, the State of Design. This AD was issued without public consultation due to its alignment with international obligations and was determined not to require a Regulatory Impact Statement. The AD was made by the Manager, Airframes in the Airworthiness Engineering Branch of CASA, in accordance with the Civil Aviation Act 1988.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the authority of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products to ensure the safety of air navigation. These ADs are legislative instruments and are issued in accordance with Annex 8 of the Convention on International Civil Aviation, which mandates that the State of Design holds the responsibility for the continuing airworthiness of an aircraft type. The State of Registry, which in Australia's case is CASA, must then ensure the continuing airworthiness of individual aircraft by either developing or adopting necessary requirements. In the case of AD 2008-0093 issued by the European Aviation Safety Authority (EASA) concerning Airbus A330 model aircraft, CASA has assessed the directive and issued Australian AD/A330/86, Amendment 2, to implement the requirements set by the State of Design, France. This process does not involve public consultation due to its alignment with international obligations, and the Office of Best Practice Regulation has confirmed that such ADs do not necessitate a Regulatory Impact Statement. The AD is made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in compliance with the Act.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for the regulation of civil aviation safety in Australia. Section 98 of the Act allows the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for specified aircraft or aeronautical products (ss 98, 39.001). These ADs are considered legislative instruments under section 6 of the Legislative Instruments Act 2003 and are disallowable instruments under section 46A of the Acts Interpretation Act 1901 (r 39.001(5)).
Under the Act, CASA, as Australia’s national airworthiness authority, has specific obligations related to ADs. When the State of Design issues an AD for a type of aircraft registered in Australia, CASA is required to assess this information and, if deemed necessary, issue an Australian AD to enforce the requirements set forth by the State of Design. This ensures that the continuing airworthiness of Australian-registered aircraft is maintained in accordance with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Registry, in this case CASA, is responsible for ensuring the continuing airworthiness of individual aircraft, which involves developing or adopting necessary requirements (Annex 8).
There are no public consultations required for ADs such as this one because they are issued under international obligations and in response to directives from the relevant State of Design. The Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement. This AD, issued in response to EASA’s AD 2008-0093, was made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Act.
The Civil Aviation Safety Regulations 1998 do not specify offences or penalties directly related to the issuance or non-compliance with ADs. However, non-compliance with ADs may result in legal consequences under other provisions of the Civil Aviation Act 1988. For instance, operating an aircraft that does not comply with an AD could lead to civil penalties, including fines and potential prosecution, depending on the severity of the non-compliance and its impact on aviation safety. The maximum penalties for such offences can vary significantly, with fines reaching up to $126,000 for individuals and $630,000 for bodies corporate, along with potential imprisonment for serious offences.